Text file: 13044.txt
author: "Da\u0161a_Gibanje za dostojno delo"
downvotes: 9
end consideration date: 2021-03-25
id: '13044'
number comments: 13
number views: 1814
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  General on precarious work\nThe fundamental legal basis for the performance of work\
  \ in the Republic of Slovenia is an employment contract for an indefinite period\
  \ of time. In cases where there are elements of an employment relationship, the\
  \ Labour Relations Act (ZDR-1) expressly provides that work may not be performed\
  \ on the basis of civil law contracts, except in cases provided for by law. The\
  \ ZDR-1 also provides for exceptions and conditions under which fixed-term and part-time\
  \ employment contracts may be concluded.\nNotwithstanding the above, Slovenia, like\
  \ most other European countries, has in recent years experienced an increase in\
  \ so-called atypical forms of work. These are forms of work that depart in one or\
  \ more respects from the typical employment contract, which is defined as an open-ended,\
  \ full-time employment contract under which work is performed directly for the employer,\
  \ under the employer's instructions and direction and supervision, and on the employer's\
  \ premises or workplaces. The rise of atypical forms of work in developed economies\
  \ is the result of pressures for ever cheaper production of goods and services,\
  \ with labour costs being one of the main costs, and for ever more flexible organisation\
  \ of work processes.\nAt the Ministry of Labour and Social Affairs, precarisation\
  \ is perceived as one of the faces of the rise of atypical forms of work, with negative\
  \ consequences at both micro and macro levels. At the micro level, we speak of the\
  \ negative effects of precarisation as the absence of minimum legal, economic and\
  \ social security for workers. At the macro level, we are talking about the effects\
  \ of precarisation on the existence and maintenance of social security systems and\
  \ tax policy. Although certain elements of precariousness can also occur in the\
  \ employment relationship, we consider that the greatest risks of precariousness\
  \ arise from the use of atypical forms of work.\nPrecariousness can therefore be\
  \ considered to exist when negative micro- or macro-level effects arise from the\
  \ use of atypical forms of work. We distinguish between cases where we are talking\
  \ about:\n1. illegal use of atypical forms of work in contravention of the legislation\
  \ in force\n2. the legal use of atypical forms of work, but with negative consequences\
  \ for legal, economic and social security. Measures to prevent the illegal use of\
  \ atypical forms of work in particular can generally be divided into three strands:\n\
  \ changes in legislation, more effective monitoring, and information and communication.\n\
  \ Inter-ministerial working group on planning and implementing measures against\
  \ precarious work\nWith regard to the initiative to form a working group of representatives\
  \ of the state and the professional public in order to address the issue of precariousness\
  \ at the level of the labour market, we would like to clarify that, on the basis\
  \ of the commitments made in the coalition agreement, the Interministerial Working\
  \ Group for the Planning and Implementation of Measures to Combat Precariousness\
  \ (hereinafter referred to as the \"IWG\") has already been established by a decision\
  \ of the Government of the Republic of Slovenia at the 17th Ordinary Session of\
  \ the Government of the Republic of Slovenia, on 31 January 2019.The following representatives\
  \ have been appointed (at the level of Secretaries of State) to the IWG\n Ministry\
  \ of Labour, Family, Social Affairs and Equal Opportunities, Ministry of Economic\
  \ Development and Technology, Ministry of Culture, Ministry of Agriculture, Forestry\
  \ and Food, Ministry of Public Administration, Ministry of Health, Ministry of Finance,\
  \ Ministry of Justice, Ministry of Education, Science and Sport.\nThe task of the\
  \ Working Group is to take stock of the situation of precarious work in the Republic\
  \ of Slovenia, to examine the effects of such work on individuals and society as\
  \ a whole, and to develop a comprehensive set of measures to limit the effects of\
  \ precarious work. In carrying out its tasks, the Working Party may cooperate with\
  \ a special consultative group of external experts. The Minister of Labour, Family,\
  \ Social Affairs and Equal Opportunities appointed the Special Consultative Group\
  \ of External Experts by decision of 22.11.2019. The task of this group is to provide\
  \ additional information on the problems of precariousness from practice, to prepare\
  \ a response to the draft measures proposed by the IMF and to identify additional\
  \ measures.\n The Decent Work Paper\nThe material on which the decision to establish\
  \ the IMF is based is based on the fact that Slovenia is facing the challenge of\
  \ decent work, which would combine access to full and productive employment, new\
  \ and quality jobs, with rights, social, economic and legal security, and promote\
  \ social dialogue. A holistic approach to tackling the issue is essential to maintain\
  \ the highest possible standards of the welfare state and national well-being. To\
  \ this end, in 2016, the MoLSA launched specifically targeted activities for decent\
  \ work and prepared the document \"For Decent Work\". This presents the DFID's view\
  \ of the labour market situation and a set of measures which, as a package of measures\
  \ in different areas, can represent a breakthrough forward - a breakthrough for\
  \ decent work for all citizens. The document was prepared as a basis for discussion,\
  \ especially among the social partners, and of course also for public debate on\
  \ possible measures on the labour market in the direction of the set objective,\
  \ and certain measures have already been adopted and put into effect in agreement\
  \ with the social partners and are being implemented - these are systemic changes\
  \ in the field of labour inspection and labour market regulation.\n Raising awareness\
  \ of all actors - Regional Decent Work Focal Points\nAs one of the measures, the\
  \ Decent Work document also foresees the necessary awareness-raising of all actors\
  \ on the negative effects of the illegal use of atypical forms of work, for which\
  \ purpose a Call for Proposals for co-financing projects to support stakeholders\
  \ in the labour market was launched in January 2017 at the Ministry of Labour and\
  \ Social Affairs and Social Policy under the Operational Programme for the Implementation\
  \ of the European Cohesion Policy 2014-2020. Two projects were selected under the\
  \ call:\n Regional Centre for Decent Work Ljubljana and Regional Decent Work Hub\
  \ Celje.\nThe project activities were primarily focused on bringing together key\
  \ stakeholders in the labour market (employers, trade unions, labour market professionals\
  \ and individuals) in an effective mutual cooperation, which will result in reducing\
  \ the share of illegal use of atypical forms of work and contribute to raising awareness\
  \ of all key actors in the labour market on the concept of decent work for all citizens.\n\
  \ Comprehensive insight survey on precarious work - MAPA\nIn order to conduct a\
  \ detailed study of precarious work in the Republic of Slovenia and to identify\
  \ possible responses to it, the Ministry of Labour and Social Affairs of the Republic\
  \ of Slovenia co-financed the project \"MAPA: Multidisciplinary Analysis of Precarious\
  \ Work: Legal, Economic, Social and Healthcare Aspects\" in 2018. This is a joint\
  \ project of three Slovenian universities, based on a multidisciplinary research\
  \ approach at all stages of the research, which aims to synthesise and go beyond\
  \ the different approaches to defining the concept of precarious work. The research\
  \ work was carried out over a period of two years and was completed in March this\
  \ year. The MAPA project aims to reduce the negative consequences of precariousness\
  \ and thus labour market segmentation and to ensure decent work for all workers.\n\
  The project carried out a comprehensive study of precarious work (definition of\
  \ the concept of precarious work, identification of its manifestations, analysis\
  \ of the international legal aspect of precarious work and the situation of precarious\
  \ work in Slovenia) and the effects of such work on the individual and society as\
  \ a whole. The research carried out will serve as a basis for the formulation of\
  \ measures to limit the negative effects of precarious work in terms of legal, economic,\
  \ social and health protection.\n Conclusion\nAs the measures taken so far have\
  \ addressed the problem of precarious work in a rather partial way, a systemic approach\
  \ to the issue at stake is necessary, hence the need for the establishment of the\
  \ IMF. As already mentioned, this working group was established in order to study\
  \ the situation of precarious work in the Republic of Slovenia and, on the basis\
  \ of the findings, to prepare a comprehensive (systemic) set of measures to eliminate\
  \ precarious work."
response date: 2021-03-30
response due date: null
sent date: 2021-02-23
title: Precarious work - regulation
upvotes: 112
url: https://predlagam.vladi.si/predlog/13044
